Friday, December 20, 2019

#Pakistan - Musharraf's death sentence carries enormous symbolic power


By Rafia Zakaria
The treason case against Pakistan's former President and army Gen. Pervez Musharraf had languished for so long that it seemed that there would never be a verdict. On Tuesday, six years after the case had been filed, a Special Court in Islamabad finally delivered their verdict and sentenced Pervez Musharraf in absentia to death for high treason.
The decision threatens to throw an already restive Pakistan into political tumult as the judiciary sets up for a battle of wills against the military.
The charges of which Musharraf was convicted stem from the 1999 military coup that toppled Prime Minister Nawaz Sharif. A three-member special court found Musharraf guilty of violating Article 6 of the Constitution: "Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason" In Pakistani law, the court noted, the only punishment for high treason is death. This decision is the first time that a civilian court has sentenced a general from Pakistan's domineering military (which has undertaken three major coups in 1956 and 1977 and 1999 and ruled the country for 33 of its 72 years of existence) has been sentenced to death. Gen. Musharraf, long retired, is himself is in the United Arab Emirates seeking treatment for medical problems but the attorney general of Pakistan, called the trial "unfair" and announced that the government will be appealing the verdict in Pakistan's Supreme Court.
The death sentence against the general will almost certainly not be carried out because he is unlikely to ever return to Pakistan. The symbolic significance of the verdict, however, cannot be overstated.Given this, the Supreme Court of Pakistan is likely to be the site of yet another standoff between Pakistan's judiciary and its military. Another one of the charges on which the general was convicted was his 2007 move to impose "emergency rule" and fire Iftikhar Chaudhry, then the chief justice of Pakistan's Supreme Court, for refusing to kowtow to the General. That move sparked a lawyers' movement and such unrest in the country that the former general himself was forced to resign.
In essence then, the Supreme Court will now hear a case that considers in part whether an unelected military general has the power to depose the chief justice of the Supreme Court. If they, via some arcane loophole, say yes, they are limiting their own power as a separate branch of government; a move likely to spark further protests.If they uphold the verdict, the all-powerful military could very well take some future coercive actions against them.
It is a no-win situation.
The former President has his supporters in Pakistan but many resent what they see as the general's all too eager dalliance with the United States in the war on terror. Musharraf was in charge when then-President George W. Bush uttered his famous ultimatum, "You're either with us or against us." Gen. Musharraf told Pakistanis that he had no choice but to cooperate with the Americans, saying that then-Assistant Secretary of State Richard Armitage had told him: "Be prepared to be bombed. Be prepared to go back to the stone age."It's unclear whether these statements were ever made, but it is clear that Musharraf continued to enjoy the backing of the Bush administration even though he had long since lost support among Pakistanis. Musharraf's positioning of Pakistan as an ally in the war on terror, many Pakistanis held, made the country a target for terrorist attacks as it became yet another theater of war between insurgent Taliban, al Qaeda and a variety of other groups. More recently, according to research from New America, US drone attacks targeting the militants in Pakistan's tribal areas killed as many as 3,700 people, many of them innocent civilians.
The US is pursuing a peace deal with the Taliban and, according to recent Washington Post reporting, US officials knew that the war in Afghanistan was unwinnable.
The Post's Afghanistan papers have revealed the lies told by American officials regarding the war on terror in Afghanistan, lies which seem to have no consequences for the parties involved. In Pakistan, the judiciary has rejected this no-consequences approach and sentenced a general who was an American favorite to death for his violations of the truth and the law. With the United States withdrawing from Afghanistan, the world is realigning. Preempting the withdrawal, Pakistan has turned to China as its new best friend. Pakistan's new generals, now far more concerned with ensuring that the Chinese are happy, may not feel much allegiance to an old retired leader who has no use within this new order. If this is so, then it may well be that Pakistan's military establishment looks the other way as Gen. Pervez Musharraf's death sentence is upheld.
However, it doesn't appear that the military will be so sanguine about a death sentence for one of its own. In a statement released on Twitter, military spokesperson Major Gen. Asif Ghafoor said that the verdict had been received with a "lot of pain and anguish" within the Pakistani military accusing the courts of having "ignored due process." A man who "had served the country for over 40 years, fought wars for the country can surely never be a traitor."For the moment, former President of Pakistan Gen. Pervez Musharraf is just that. At least for now, a man who toyed with Pakistan's civilian institutions has been held to account. Whether justice ultimately prevails is unknown, but in this history-making moment for Pakistan, it surely has.

Thursday, December 19, 2019

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Video Report - #PervezMusharraf #Pakistan - What does Musharraf's death sentence mean?

Video - Musharraf Verdict: New Controversy | Sethi Sey Sawal | 19 December 2019

#Pakistan - Fragile economy isolates diplomatically


Senator Rehman Malik
It is a hard fact that countries grow and emerge as economic powers only if they use their resources intelligently and draw long terms planning to increase their production& watch over their earnings and spending.
Economically developed countries formulate their foreign policies without any alien influence and the leadership strategies to create one to one bond with other interacting countries.
They help each other to develop mutual economic growth by creating a level of confidence & trust. The economic strength and strong foreign policies help countries to gain importance in the world and failure of foreign policies push the nations to isolation, and we have recently seen our own country has fallen victim of this isolation. The diplomatic association is basically anti-foreign investments.
Let us first get an overview of the present situation of our economy. Pakistan’s External Debt reached 106.9 USD bn in Sep 2019, compared with 106.3 USD bn in the previous quarter. Saudi Arabia, Japan, the UAE, and France are among other major lenders and also the UAE, Saudi Arabia USA, IMF, Japan, World Bank, China and the Eurobonds and Sukuk Bonds contribute to our debt. China is contributing to the development sectors of Pakistan through CPEC via its own Chinese companies, some Pakistan enterprises, and government sectors. It is pertinent to mention that the Chinese government has funded its own companies as part of CPEC partner.
In contrast, there are only 6.2 billion dollars as a loan. We are an unfortunate nation facing 106.9 USD bn external debt. As per the State Bank of Pakistan, the total public debt stood at PKR 31.786 trillion at the end of June 2019, and the PTI-led government has accumulated a record public debt of PKR 7,509 billion during its first year in power. I feel worried as a student of the economy as to how we will overcome it.
We have no other choice except for improving the economy as our first priority. The government should not take FATF lightly as in the given situation when the country is facing diplomatic isolation; I do not expect any favour neither from FATF nor from the USA. FATF is a big contributing factor derailing our economy, which we so far are unable to control because of our failure at the diplomatic front. The above situation has put us under substantial financial obligations by almost every country mentioned and world donors.
We are subservient to these countries, and we look like beggars before them as our national financial teams are on begging tours, further bringing our names to humiliation in front of the International community. We, as a nation, are feeling the touch of the fragile and poorly managed economy affecting our foreign policy, and it seems that it will continue to suffer and isolate us till the economy is not recovered.
A study shows that Pakistan Economy is continuously sliding down, which is making our local and foreign policies highly vulnerable. Our national delegations visit various countries not aimed to create goodwill but trying to convince for more loans to run the country day to day basis. We begged before the Middle East and many other countries because of which, today we are under the obligation of those countries. We perhaps forget this fact that those who oblige us today, they do establish some rights on us and later on, it’s the nation that has to pay a diplomatic price for it.
The government celebrated the friendship with Malaysia a few months back, and an impression of new Islamic block emerged where Pakistan, Malaysia and Turkey were the essential and prominent members.
The government tried its best to have the credit of this landmark development. The visit of Prime Minister was highlighted in and outside the country showing great achievement by the government. Pakistan must not forget that the West does not like the rise of Turkey and its fast-growing relations with Pakistan. It is understood that Saudi Arabia being financial backer in oil would not like Pakistan to go against their wish and support those whom Saudi Arabia does not like hence the Prime Minister faced embarrassment in front of the Prime Minister of Malaysia and President of Turkey and also before the world where it is believed that Pakistan Foreign Policy is dependent on donor countries. Neither the Prime Minister could go nor could he send his Foreign Minister to Malaysia to participate in Kuala Lumpur Summit. Every Pakistani is worried about national sovereignty which has been crippled as we are looked down as a poor nation.
Unfortunately, we have propagated ourselves as money launderers in the world while hunting the opponents. Our sovereignty has been compromised just because our economy and our local policies and growth has been crippled by the IMF.
I wish we had a handful of billions of dollars, enabling us not to sell our pride which has created the present situation for us.
Our Ministry of Foreign Affairs did not advise the Prime Minister in time about the likelihood of this debacle which has caused heavy price in the form of embarrassment to our nation. It warrants an inquiry as to why Saudi Arabia was not taken into confidence and was not consulted before giving confirmation of attendance to such an important summit.
Prime Minister Imran Khan had earlier confirmed his participation in it and the plan for the summit had been finalised during a trilateral meeting between President of Turkey Tayyip Erdoğan, Prime Minister of Pakistan Imran Khan and Malaysian Prime Minister Mahathir Mohamad in September in New York on the sidelines of the United Nations General Assembly session.
It looks as if someone had played a very negative and adverse role while dealing with this sensitive issue. Let us hope that the real facts shall be made public, and some proper diplomatic measures shall be taken to avoid such an embarrassing situation at the diplomatic front in the future. Unfortunately, our national poverty graph and the worsening economy are badly influencing our foreign policy and making us bow before many members of the International community. In the past, the foreign policy of Pakistan was never influenced by any donor, but financial aids were always attained on mutual understandings and financial rules. The countries invest through public relations, whereas our embassies abroad feel handicapped while creating public relations for lack of sufficient funds. The foreign policy of Pakistan is not up to the required mark as our economic indicators are big handicaps hindering our international relations.
Let us look at Malaysia, and frankly one of the most prominent cases of money laundering has appeared in Malaysia & it had extended hand to Pakistan for help, and I do not know as to which level is the government helping them at, but I know for sure that a Pakistani private security company is helping quietly via a Dubai company to Mahathir government to unearth the trail of money of the former ruler and some other opponent of PM Mahathir Bin Mohamad. The said frontman is under investigation worldwide. PM Mahathir Bin Mohamad thought that Pakistan is the best investigator after reading the money laundering fictions appearing in the media and that is why he requested the support of Pakistan to investigate his opponents on the pattern of Pakistani roadmap of investigation. Let us hope that he is not disappointed with us as he has built high hopes.
I will share some details soon at this ongoing issue. It is interesting to see that no country could dare block Malaysia being a rich country to host the Kuala Lumpur Summit, but we have been prohibited very clearly not to attend? Let see how Malaysia takes it against Pakistan and how we rebuild our image at the diplomatic front which has badly deteriorated by deciding not to attend and we failed to convince other Muslim brotherly countries.
The world follows a different diplomatic policy for the rich block and different for the poor block and we, unfortunately, fall in the negative list of underdeveloped countries.
I had seen much more respect for Pakistan and its passport starting from the early 70s and onward but our respect and economy have been falling since we had decided to jump in the Afghan-Soviet War to support the USA which became our waterloo. Our priority should be how to improve the economy as a national slogan which is now of paramount importance to figure out as an economically strong country in the world & not as begging bowel holder. Our foreign policy is lack of adequate funding to put it on the right track. Our diplomatic isolation was well exposed during our failure to win the international community support to submit a draft resolution over Kashmir issue at the United Nations Human Rights Council (UNHRC) during the United National General Assembly session this September 2019. We have also miserably failed to muster world support including Muslim Ummah to force Prime Minister Narendra Modi to lift the world’s longest curfew which is imposed in Indian Held Kashmir since August 5th and to restore the special status of Kashmir. It is really tragic that only two countries namely Malaysia and Turkey supported us in UNSC and confidently both have been disappointed by us and India must be laughing at us on this debacle.
In the end, I would like to express that we are poorly managing our economy, leaving direct negative impacts on our society, including our foreign policy. No one will respect us in the world unless we look tall in the international economic index follow the basic principles of national honour and respect.

#Pakistan - Drag Musharraf’s body to Islamabad chowk & hang it for 3 days, if he is found dead: Court


By APOORVA MANDHANI
 A special court in Pakistan Tuesday awarded death penalty to former military ruler Pervez Musharraf, who was convicted for high treason.
The special court in Pakistan that awarded death sentence to former military ruler Gen Pervez Musharraf has directed that his corpse be dragged to Islamabad’s central square and hanged there for three days in case he dies before execution.
Finding him guilty of high treason, a three-judge bench of the court comprising Peshawar High Court Chief Justice Waqar Ahmad Seth, Justice Nazar Akbar of the Sindh High Court and Justice Shahid Karim of the Lahore High Court delivered the verdict Tuesday.
Passed with a 2:1 majority, the order asked law enforcement agencies to “strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days”.
While Justice Seth and Justice Karim agreed with the death penalty, Justice Akbar wrote a dissenting note, opining that the prosecution had failed to prove their case.
The majority judgment convicted Musharraf citing Article 6 of the Constitution, which defines the offence of high treason.
It says: “Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason.”
According to the High Treason (Punishment) Act 1973, the punishment for high treason is death or life imprisonment.
The court also said all those who facilitated his escape “may also be brought in the net of due course of law and their criminal acts (if any) may be investigated and tried in accordance with law”.

The treason trial

In 1999, Musharraf carried out a bloodless coup to oust the then prime minister Nawaz Sharif and came to power. In early November 2007, he declared an emergency and suspended the constitution, when he was the country’s President and Chief of Army Staff.
The treason case was filed against him in November 2013 by the Nawaz Sharif government. However, with strong backing of the army, Musharraf dodged trial for years and also managed to get Supreme Court permission in March 2016 to go abroad for medical treatment, promising to come back to his “beloved homeland” in a few weeks.
He has not returned to Pakistan since, though the special court have given him an opportunity several times to make his statement. He is currently in Dubai in the United Arab Emirates on a self-imposed exile.

The maze of legal proceedings

After the special court began hearing the case on a daily basis in October 2019, the entire prosecution team was sacked. The court concluded its proceedings on 19 November, in the absence of any further inputs from the prosecution or Musharraf’s lawyers.
The lawyers only sprung to action after the court’s announcement that it would be pronouncing the judgment on 28 November. While Musharraf’s team moved the Lahore High Court challenging the announcement, the government approached Islamabad High Court demanding that the special court be restrained from giving its judgment.
The Islamabad High Court then directed the special court to listen to all parties and ordered the government to appoint a prosecutor by 5 December. The special court, however, ruled that it was not bound by the Islamabad High Court judgment.
During the hearing on 17 December, Musharraf’s lawyer demanded that he be given an opportunity to make a statement before the court, while the prosecution demanded that the scope of the trial be widened by bringing in charges against some alleged collaborators of Musharraf, including former PM Shaukat Aziz.

Constitution desecrated several times, says court

The special court, however, rejected all these requests, noting that Musharraf had been granted several opportunities to join trial, and “afforded more than his due share of fair trial”.
It went on to lament that in Pakistan, “during 72 years of its independence, to our misfortune several times, the Constitutions framed by Legislative Bodies were desecrated”.
The court also passed strictures against Musharraf, saying he was given every opportunity to defend himself but he “by his conduct in the proceedings only evinced his utter contempt for the law and legal institutions in this country”.
It then held Musharraf guilty, ruling, “The trial of high treason is the requirement of the constitution against those individuals who undermine or attempt to undermine the Constitution by any means. This court after presentation of undeniable, irrefutable and unimpeachable evidence by the prosecution against the accused reaches to the conclusion that indeed Accused is guilty and deserves exemplary punishment.”
He was handed down death penalty, directing that he be “hanged by his neck till be dies on each count as per charge”.


#Pakistan's pullout from #Malaysia summit draws criticism

Pakistan's last-minute decision to pull out of the Kuala Lumpur Summit has drawn criticism with some defending the withdrawal by the cash-strapped Islamabad that financially depends on oil-rich Gulf states.
Prime Minister Imran Khan canceled his planned visit to the Malaysian capital to attend the summit after concerns from Saudi Arabia and the United Arab Emirates, Foreign Minister Shah Mehmood Qureshi confirmed on Tuesday, according to local English daily Dawn.
Khan paid a daylong visit to Riyadh earlier this week in a vain bid to assuage the kingdom's reservations over the scheduled summit. Leaders from Muslim countries gathered in Kuala Lumpur to discuss issues confronting the Muslims globally at the summit, which started on Wednesday and will continue till Saturday.
"It's an internal diplomatic failure," said Abdul Basit, a former Pakistani ambassador told Anadolu Agency, adding that Islamabad should have done its homework before committing to such an initiative.
He said Pakistan should not have skipped the initiative even if it meant sending a lower-level delegation.
Retired Lt. Gen. Talat Masood, an Islamabad-based security analyst, echoed the view observing that the Kuala Lumpur initiative has upset Riyadh which views its as an attempt to replace the Organization of Islamic Cooperation."It shows the lack of understanding on the part of the prime minister. He should not have committed what he could not do,” Masood told Anadolu Agency.
No effect on ties
Both analysts, Basit and Masood, said that Pakistan’s move would not affect its ties with Turkey, Malaysia and Iran, which support Pakistan’s stand on disputed Jammu and Kashmir following India’s scrapping of the region’s longstanding special rights in August.
Khan on Tuesday met Turkish President Recep Tayyip Erdogan on the sidelines of a global conference in Geneva and took him into confidence over his decision to not attend the Malaysia summit, local media reported, citing Foreign Ministry sources.
Also, Khan telephoned his Malaysian counterpart Mahathir Mahamad and expressed his regrets at not being able to attend the summit, local English daily The News reported.
Politicians and journalists took to social media sites to denounce Khan’s decision to skip the summit.
“Backing out from KL summit: when Turkey, Malaysia, Iran supported Pakistan on Kashmir like a rock," Senator Mushahid Hussain, a senior leader of main opposition party Pakistan Muslim League-Nawaz, said in a tweet.
“Terrible news Imran Khan’s Malaysia visit is canceled on the orders of Mohammad bin Salman,” senior journalist Umar Cheema tweeted, referring to the Saudi crown prince.
Khan's decision "reflects the weakness and incompetence of Pakistan's foreign policy managers, whether it's Imran Khan and his team, or Pakistan Foreign Office or the military," said Ijaz Khan, an Islamabad-based professor on international relations.
"He/they should have realized the reaction of Saudi Arabia to any such summit and not agreed to participation before it's announcement," Khan told Anadolu Agency.
"By declining to participate after it's announcement, will have a negative impact on Pakistan's relations with, not just Iran, but much more with Malaysia and Turkey.
"This is more so, after both [Malaysian Prime Minister] Mahathir [Mohamad] and [Turkish President Recep Tayyip] Erdogan so strongly supported Pakistan, after Imran Khan's speech at UNGA. The decision for this summit was taken after that UNGA meeting, where Khan met the other two," he added.
https://www.aa.com.tr/en/asia-pacific/pakistans-pullout-from-malaysia-summit-draws-criticism/1678477

Wednesday, December 18, 2019

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Bilawal Bhutto takes jibe at government over Musharaf case



Chairman Pakistan Peoples Party (PPP) Bilawal Bhutto Zardari on Wednesday took a dig at sitting government by asking who was running the “save your father” campaign now, in an apparent reference to the PTI government’s reaction on a Special Court verdict awarding death sentence to former president Pervez Musharraf in high treason case.
Notably, Prime Minister Imran Khan has summoned Pakistan Tehreek-e-Insaf (PTI) core committee meeting on Wednesday evening as per the sources.
The core committee will hold discussions over the developing situation following the special court’s verdict of sentencing former president and top military official Pervez Musharraf to death in high treason case and formulate future strategies.
It is important to note that PTI ministers had reacted to the judgment and said that it would give rise to rifts between institutions.

Death For The Dictator: Interplay Of Pakistan’s Politics, Military And Judiciary – Analysis

By Sushant Sareen

As things stand in Pakistan, the army and the government claim to be on the same page. The judiciary — for now — is standing apart.
The Special Court trying the former Pakistani military dictator Gen. Pervez Musharraf on charges of treason has pronounced the death sentence on him. Musharraf is unique in Pakistan’s history. He is not only the first usurper to be prosecuted under Article 6 (which defines high treason) of Pakistan’s much-abused constitution, but also the first dictator to have carried out not one but two coups.
Musharraf’s first coup was in 1999 when he overthrew the elected government of Nawaz Sharif. His second coup was carried out in 2007 when he declared an ‘emergency’, not as president of Pakistan but in his capacity as army chief — he was wearing both hats at the time. The first coup had been indemnified by the parliament that had been constituted after the 2002 election, but the second coup was never indemnified. It is this second coup for which he was tried and found guilty of treason, and now — sentenced to death.
The ‘selected’ government of Prime Minister Imran Khan had tried very hard to prevent the Special Court which had been constituted by Nawaz Sharif in 2013 from announcing the judgment in this case. The fact that the Imran Khan government is stacked with former associates of Musharraf — the interior minister Ejaz Shah was Intelligence Bureau chief and a crony of Musharraf, who openly opposed his sentencing; Law Minister Farogh Naseem was his defense lawyer in the trial as was the Attorney General Anwar Mansoor — meant that all sorts of obstacles were placed in the path of bringing the former president and army chief to justice.
Days before the Special Court was to give its ruling, the government started to play the fiddle with the judicial process. First, the government sacked the entire prosecution team, even though the prosecution had already rested its case. Then, the government (which was technically the complainant) filed a petition seeking a bar on the Special Court from announcing its verdict.
The Islamabad High Court restrained the Special Court from pronouncing the verdict until Musharraf (who was absconding and had never appeared before the court) was given another chance to defend himself. Meanwhile, the Lahore High Court jumped in and questioned the entire basis of the treason trial. But in the end, the Special Court decided to bite the bullet and announce the verdict.
In some ways, the death sentence for Musharraf is only symbolic. Chances are that Musharraf, who is reportedly very sick and unlikely to ever come back alive to Pakistan (he is currently living in UAE), will never be actually hanged.
Apart from all legal challenges that are likely to be mounted and the lengths to which the army will go to ensure that this ruling dies before Musharraf — the army didn’t even allow Musharraf to be present in court and had whisked him away to a hospital and then later orchestrated, rather forced the judiciary and the then government to allow him to leave the country, is certainly not going to allow him to be ‘humiliated’, much less hanged by the ‘bloody civilians.’
Nevertheless, even though dictators before Musharraf have also had their actions ruled unconstitutional by the courts — always after they were no longer in power — the fact that a former army chief has now been pronounced guilty under Article 6 could have serious repercussions on the politics of Pakistan.
Coming as it does amidst the entire controversy over the extension given to the current army chief and the Supreme Court demanding that parliament make a law on the issue of terms of service of the chiefs of the armed forces, the Musharraf ruling is not likely to be received well by the all-powerful military in Pakistan. It isn’t so much about Musharraf the person — he is irrelevant — but more about Musharraf the former chief.
In other words, the impact of the current spate of rulings against the military — the Peshawar High Court declaring the ‘internment centers’ unconstitutional, the Supreme Court ruling on the extension issue and now the Musharraf sentence — on the corporate interests of the Pakistan Army and the dent on its supremacy will almost certainly invite a big push back.
Questions will definitely be raised, and conspiracy theories conjured up, about what the judiciary is trying to do by taking on the army so directly. Are the judges trying to emerge as a power centre of their own rather than remaining ‘Lions under the Throne’? Or is it all part of a game of smoke and mirrors, the byzantine intrigues that are so Pakistan? The reason for such questions is simple.
For all its grandstanding, the judiciary in Pakistan has always known its limits and limitations, especially when it comes to the army. So what has changed that the judges are now displaying such intrepidness? What or who is behind the Pakistani judges having suddenly discovered their spine? It is after all the same judiciary that virtually summarily sacked a judge of the Islamabad High Court for accusing the ISI of trying to influence him to rule against Nawaz Sharif.
It is also the same judiciary that put in the dock a brother judge, Qazi Faez Isa, who dared to pass strictures against the ISI and state machinery for backing terrorists and extremists. It is the same judiciary that treated with kid gloves a mass murderer police officer, Rao Anwar, who has been under the protection of the military’s intelligence agencies.
Whatever the reason for the assertion of the judiciary against the military, it is now going to prompt a new interplay between the civilian government, military, opposition and the judiciary.
The civilian government is already showing signs of exasperation with the judges, not just over its rulings on matters related to the military but also the relief it has been giving to bêtes noires of the current regime, namely the Sharif family and Asif Zardari. The first salvo against the judiciary was fired when the government amended the rules of the parliamentary committee on judicial appointments in order to interview candidates for the various high courts. This is being seen as the first challenge to the judiciary which has arrogated to itself the right to appoint judges without any real oversight by parliament.
Although the opposition parties have welcomed this change, it will probably weigh its options on how far to go with the government (which has been brazenly hounding it) to rein in the judiciary.
The military will also be smarting under the rebuffs it has received at the hands of the judges. Given that the current army chief will want the opposition’s cooperation to get the law on his extension passed without much ado (otherwise it would make him even more controversial), he will also be looking to reach out to the opposition parties. The quid pro quo with the opposition could however rub the government the wrong way. Unless the entire political class closes ranks and the army backs them, it will be difficult to rein in the judges, who would also try and protect their turf by aligning and cutting deals with the other components of the power structure.
The thing is that over the last decade or so the Pakistani power structure comprises a quartet — army, civilian government, opposition and judiciary. Unless three components of this quartet get together, it is difficult to take action against the fourth. As things stand, the army and the government claim to be on the same page. The judiciary for now is standing apart. If the opposition girds itself up, closes ranks and backs the judges, then it will be difficult for the government and military to do very much without shaking up the system to its core.
If however, the opposition remains split with various members trying to cut their own deals with the government and the military, then it will be relatively easier for the military and government to clip the wings of the judges and make them compliant. There is also the possibility of the military and opposition closing ranks (because of reports of some unhappiness in the army with the sheer incompetence and ineptness of Imran Khan and his cronies) and the government and judiciary remaining at odds. In the event, it will be curtains for Imran Khan and there is a good chance of the judiciary receiving its comeuppance.
The power dynamics in Pakistan are in a state of flux. The old equilibrium has been disturbed and there is a new realignment of forces underway to reach a new equilibrium, even if an unstable one. The events flowing out of the Musharraf verdict will only add more urgency in the quest for this new symmetry.

Opinion: A clear message to the Pakistani military

A court has handed the death sentence to ex-ruler Pervez Musharraf. Although the capital punishment must be opposed, the verdict is a warning to the military that it must stay out of politics, says DW's Shamil Shams.
Let's be assured that former military dictator Pervez Musharraf will not be executed after a special court awarded him the death sentence in a highly unexpected verdict on Tuesday. Also, no matter how serious the crime, we must never endorse the capital punishment.
The Pakistani military is an immensely powerful institution, so much so that all civilian institutions, including the judiciary, have largely remained subservient to it for at least six decades. Musharraf is a former army chief, who ruled the country with an iron fist from 1999 to 2008. Although he now lives in a self-imposed exile in the UAE, he is respected by the current military commanders for his "services" during his tenure.
Also, the military will never want its ex-chief to be hanged. It would significantly dent its image and curtail its political power in the country.
The court verdict has already done a lot of damage to the army. The symbolic value of the ruling should not be underestimated. It sends out a clear message to the military generals that they are not above the law; that they could also be tried and punished for suspending and violating the constitution. It is a message that the military must abide by their constitutional role and not interfere in politics.
The powerful military would most likely ensure that Musharraf is not harmed in any way. And there are legal ways to counter the special court's verdict. Musharraf can still challenge the decision in the Supreme Court. There, the death sentence could be reversed or diluted. Pakistan's judiciary has a chequered record of endorsing military coups and has time and again provided legal cover to military dictators. So a different decision from superior courts cannot be ruled out.
Civilian assertion
But politics in Pakistan has changed a lot in the past decade. Civilian institutions are increasingly asserting themselves against the army.
During his third term as premier (2013-2017), former PM Nawaz Sharif — who was ousted in a bloodless military coup by Musharraf in 1999 — tried to rein in the military's powers. The industrialist-premier wanted to forge closer ties with India so that Pakistan could do away with the "security state" narrative. This, he believed, would bring in more foreign investment into the country and ultimately diminish the military's power.
Other institutions, too, are taking an independent line. We must not forget that Musharraf's ouster was only made possible because of a massive lawyers' movement in 2007. Recently, Asif Saeed Khosa, the Supreme Court chief justice, only conditionally approved the tenure extension for General Qamar Javed Bajwa, the country's army chief. Now Prime Minister Imran Khan must pass a law in parliament to support his government's decision to grant a second term to the army chief.
The military finds itself in a precarious situation, with an independent media and a growing civil society also raising their voice. The military's involvement in politics is being slammed more than ever in Pakistan, which must be a cause of concern for military leadership.
A new social contract
Meanwhile, international pressure on the Pakistani military has also been on the rise. In October, the Paris-based Financial Action Task Force group gave Pakistan four months to prove it was fighting terror financing. Since coming to power, US President Donald Trump has also substantially reduced American military aid for Pakistan.
But that does not mean that the military will not fight back. And a clash of institutions in a nuclear-armed country with countless Islamist groups is not a very pleasant thought. Therefore, what Pakistan needs now is a new social contract that ensures that all state institutions function within their constitutional ambit.
It is also high time that the military generals sit together, surrender some of their powers and accept the civilians' right to rule the country. A country like Pakistan, which sits on many geopolitical fault-lines, cannot afford a prolonged intra-institutional confrontation.

Saudi Arabia, Pakistan snub Malaysia's Muslim summit


Joseph Sipalan, Stephen Kalin
Leaders from many Islamic nations including Turkey and Iran gathered in Malaysia on Wednesday to tackle issues that have agitated Muslims worldwide, but the summit was snubbed by Saudi Arabia and its close ally Pakistan.
At a welcome dinner, Malaysian Prime Minister Mahathir Mohamad said the Kuala Lumpur Summit would aim to “do something” to improve the lives of Muslims and overcome Islamophobia.
“We need to find a way to address our shortcomings, our dependency on non-Muslims to protect ourselves against the enemies of Islam,” said Mahathir, 94, the world’s oldest head of government and one of its most outspoken. The four-day summit could also address mounting outrage over China’s camps for Uighur Muslims in Xinjiang - a subject that will doubtless upset Beijing.
Pakistani Prime Minister Imran Khan, who along with Mahathir and Turkish President Tayyip Erdogan had been a prime mover behind the summit, made a belated decision to skip the meeting.
Some Pakistani officials, unnamed because they are not authorized to speak to the media, said Khan pulled out under pressure from Saudi Arabia, though local media reported his officials denied that was the reason for the absence of the world’s second-most populous Muslim country from the meeting. Iranian President Hassan Rouhani and Qatari Emir Sheikh Tamim bin Hamid Al-Thani, whose countries have tense relations with Saudi Arabia, were at the gathering in Kuala Lumpur.
Saudi Arabia said the summit was the wrong forum for matters of importance to the world’s 1.75 billion Muslims, though some analysts suspected the kingdom feared being diplomatically isolated by regional rivals Iran, Qatar, and Turkey.
Saudi state news agency SPA reported that on a call with Mahathir on Tuesday, Saudi King Salman reaffirmed that such issues should be discussed through the Jeddah-based Organization of Islamic Cooperation (OIC).
A Saudi source said the country declined to attend because the meeting was not being held under OIC auspices. The Saudi government’s center for international communication did not respond to a request for comment.

Tuesday, December 17, 2019

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Interview - Malala Yousafzai is on Teen Vogue's final cover of the decade

Malala Yousafzai is featured on the last TeenVogue cover of 2019, which highlights the “brilliant, world-changing demands of teens across the world” in a decade defined by “the rise of youth activism” and protest.
In an interview with the magazine, Malala reveals how education came to be her top priority and stressed, “Education is the best investment that you can make.”
And not just because the data says so.
“I realised that if I cannot go to school, my life could be early child marriage, becoming a mother, becoming a grandmother, and not having the opportunity to be myself, to explore the opportunities that are available out there that a boy would have access to. But I would not.”
She also opened up that she struggled with depression on her road to healing and recovery, mentally and physically — and that social media can take its toll on her too.
“What really helped me... was the support of people. Whether that was the nurses and doctors or whether those were the letters and cards and the messages that I was receiving from people all around the world.”
“We are living in an era where we have new tools, new things coming forward that we had not had before. From social media to technology, there's competition and selfies, and all these things are spreading. So it's important for us to take care of ourselves. Make sure you're healthy and fine and getting enough sleep. Yeah, I'm including myself in that.”
Malala also predicted that just as the previous 10 years saw a rise in youth activism worldwide, the next 10 are going to be about youth making tangible change. “That's what gives me hope,” she said.
“It's like we have done our activism; we have done enough to raise our voice. And I think the next step is now let's make the change, let's be the change-makers, let's get more involved in this. I'm excited for that, to be the change-maker, and do more for girls' education, to ensure that all girls can have the opportunity to go to school, to go to universities, just like I have.”
Malala, who recently collaborated with artists and social media influencers to speak up about girls' education, also discussed the prevalence of Islamophobia in the West and also pointed out that there is an "element of patriarchy and misogyny" in cases where religion has been employed as a tool to silence women.
“Religious scholars need to come forward and they need to tell people that whether it's Islam, Hinduism, Christianity, any other religion, that religion is for the equal rights of everyone,” she added

#Pakistan - Freedom of expression & press under fire


Freedom of expression and press, as enshrined in the Constitution of Pakistan, 1973 under Article 19 as a fundamental right, are essential ingredients of democracy. Unfortunately, they are under fire not only in Pakistan but also across the world. Both of these elements have become anathema to the selected few who want to hide the truth under the carpet thereby to avoid being criticised. Sadly, the state of freedom of press and safety of journalists in Pakistan is worrisome as the journalists are facing all sorts of threats and mental agony. Indeed, curb on the freedom of the press is tantamount to curbing the rights of citizens.
Undeniably, the restrictions on the freedom of expression is prevalent across the world. Beginning from Russia, the United States to the developing countries all have restricted freedom of speech under different pretexts; media persons are being pressurised to toe the line of the authorities or face the music. In the United States, President Trump’s antipathy towards those media houses who do not report what suits the president’s whims and wishes are disdained. It was quite shocking especially the way the CNN’s Jim Acosta’s microphone was cut off and his White House credentials were revoked. That phenomenon is indeed unwarranted keeping in view the global standing of America and the much sway it wields across the world.Shockingly, in our country, Steven Butler who is the Asia Programme Coordinator of the Committee to Protect Journalists (CPJ)was barred entry. After his arrival at the Lahore airport, he was deported. He was informed that his name was in the “stop list”. In the first instance, in case his name was in the stop list, then why was he issued visa as it is issued after due security clearance? Why he was not informed prior to this departure? Such a situation is really painful for the media persons, masses and the country’s overall progress at large.
Recently, Sindh Provincial Parliamentary Task Force on Sustainable Development Goals (SDGs), of which I am Convener, in coordination with the National Assembly’s Task Force on SDGs, UNESCO Pakistan, Parliamentarians Commission on Human Rights (PCHR) and Peace and Justice Network (PJN) held two days event on freedom of expression and protection of journalists at the Sindh Assembly which was attended by the MPAs, journalists, civil society activists, etc. to deliberate on the target 16.10 of the SDGs.

It was quite shocking to know that the violence against the journalists has increased tremendously. According to the Committee to Protect Journalists, 1,358 journalists have been killed across the world between 1992 and 2019.Besides,as per Freedom Network, at least 33 journalists were murdered for their journalism work in Pakistan during the past six years, including seven in the past one year (November 2018 to October 2019) alone. Depressingly, Pakistan has been ranked 142 out of 180 counties on the World Press Freedom index and is among the 13 countries where journalists are murdered and their killers go scot-free. In the last 10 years, at least 16 such cases were found in Pakistan.In this backdrop, practicing journalism professional is certainly a challenging task.
Violence in any manifestation against the press is unjustifiable and deserves across the board condemnation. We must admit that free press is vital for vibrant democracy
Ironically, Dawn newspaper whose foundation stone was laid down by the founder of the nation, Quaid-i-Azam Muhammad Ali Jinnah is under severe pressure. After the London Bridge attack, an imported mob thronged the head office of Dawn in Islamabad harassing the staff and chanting slogans calling for the shut down of the newspaper, which is certainly condemnable. As my party’s slogan “democracy is our politics” and free press is indispensable for it, Pakistan Peoples’ Party (PPP) Chairman Bilawal Bhutto Zardari visited the Dawn office and condemned the besieging of the newspaper office and expressed solidarity with the staff. Simultaneously, on the second day of the event on the SDGs 16.10, all the participants condemned the harassment of Dawn staffers in particular and the violence against the press in general.
Violence in any manifestation against the press is unjustifiable and deserves across the board condemnation. We must admit that free press is vital for vibrant democracy. For that purpose, on the second day of the event on SDG 16.10 we were joined by Sindh Information Minister Saeed Ghani and deliberated on the “Sindh Safety of Journalists Bill” which will soon be introduced in the Provincial Assembly of Sindh. Nonetheless, there was a disagreement on the definition of the “journalist” amongst the participants. Mazhar Abbas, Afzal Butt and others were of the view that the full-time journalists be included in the definition, while others recommended that the scope of definition be broadened in the light of emerging trends such as vlogging, social media, etc. Hence, it was agreed that once the bill has been introduced in the House, media persons will be consulted and their input will be incorporated in the bill at the review stage. Afterall, that legislation pertains to their safety and rights.
Thus, if we are to prosper with a vibrant democracy entailing free and responsible press, it is essential to let the culture of tolerance flourish where freedom of expression as permissible under article 19 of the Constitution of Pakistan, 1973, and the Article 19 of the Universal Declaration of Human Rights (UDHR) are valued and appreciated. Moreover, it is high time that all the legislatures of Pakistan have considered the journalists’ safety law in order to provide safety and ensure the welfare of media persons. There is a need to make all-out efforts to improve ranking on the World Press Freedom index, in addition to theprosecuting those involved in violence against journalists. At the same time, it is also necessary that media, which is considered as the fourth pillar of state, performs its duty responsibly and avoid airing unauthentic news. This measure will further add to the credibility of media.

Former Pakistan President Pervez Musharraf sentenced to death for high treason

By Helen Regan and Adeel Raja

Former Pakistan President and military ruler Pervez Musharraf has been sentenced to death in absentia for high treason following a six-year legal case.
A three-member special court in Islamabad on Tuesday convicted Musharraf of violating the constitution by unlawfully declaring emergency rule while he was in power, in a case that had been pending since 2013.
The 76-year-old former leader, who has lived in self-imposed exile in Dubai in the United Arab Emirates for more than three years, has the option to appeal the verdict.
Musharraf seized power in a military coup in 1999 and ruled Pakistan as President until 2008.
    He was indicted in 2014 on a total of five charges, including three counts of subverting, suspending and changing the country's constitution, firing Pakistan's chief justice, and imposing emergency rule.
    It's the first time in Pakistan's history that an army chief has been tried and found guilty of treason. Under Pakistan's constitution, high treason is a crime that carries the death penalty or life imprisonment.
    The special court ruled on the death sentence by a two to one majority, with one of the three judges not backing the death sentence but agreeing on a conviction.
    Musharraf has been living in Dubai since 2016 after Pakistan's Supreme Court lifted a travel ban allowing him to leave the country to seek medical treatment. From his hospital bed in Dubai earlier this month, the former leader said in a video statement that he was innocent and the treason case was "baseless."
    In a Tuesday statement, the media wing of the Pakistan Armed Forces said the special court's sentence had been received "with a lot of pain and anguish."
    Pakistan's Inter-Services Public Relations (ISPR) said that Musharraf "can surely never be a traitor" and that he had served the country for over 40 years.
    "The due legal process seems to have been ignored including (the) constitution of special court, (the) denial of fundamental right of self-defense, undertaking individual specific proceedings and concluding the case in haste," the statement said.
    It added that the Armed Forces of Pakistan "expect that justice will be dispensed in line with the Constitution of Islamic Republic."

    Web of court cases

    Musharraf earlier went into exile in 2008, returning to Pakistan in 2013 with the aim of running in the country's national elections. But his plans unraveled as he became entangled in a web of court cases relating to his time in power.
    In 2007, Musharraf declared a state of emergency, suspended Pakistan's constitution, replaced the chief judge and blacked out independent TV outlets.
    Musharraf said he did so to stabilize the country and to fight rising Islamist extremism. The action drew sharp criticism from the United States and democracy advocates. Pakistanis openly called for his removal.
      Under pressure from the West, Musharraf later lifted the state of emergency and called elections in which his party fared badly.
      Musharraf stepped down in August 2008 after the governing coalition began taking steps to impeach him. Prosecutors say Musharraf violated Pakistan's constitution by imposing a state of emergency.

      #Musharaf - 'Hopeful that courts will continue to issue democratic verdicts,' says Bilawal



      PPP Chairperson Bilawal Bhutto-Zardari on Tuesday said that the special court's decision to hand former military ruler retired Gen Pervez Musharraf a death sentence in the high treason case against him was a "historic" one.
      Earlier today, a three-member bench of a special court, in a landmark verdict, handed a death penalty to Musharraf in a long-drawn treason case. The former president has been convicted for abrogating the Constitution and imposing an emergency in the country in 2007.
      During a conversation with reporters in Ghotki today, Bilawal said: "We are hopeful that now, after this democratic verdict, our courts will continue to issue democratic rulings.
      "In the past, our institutions always stood with non-democratic forces. After this verdict, we can hope that our courts will side with justice and democracy for all days to come."When a reporter asked if the politicians, who stood by Musharraf when he imposed martial law in the country, should receive punishment as well, the PPP chief said: "There is a lot of debate as to the scope of the treason law and whether it should [have included] the 1999 incident [coup] or the 2007 incident. But we should talk about what is in front of us [...] It is a historic decision."
      The PPP chief said that the party will "read carefully" the detailed verdict, once it is issued.
      He lamented that several cases, including that of the murder of his mother, former prime minister Benazir Bhutto, were still pending in courts and demanded that they be picked up as well.
      Bilawal hailed the bails granted to PPP leadership, including Asif Ali Zardari, Faryal Talpur, Khursheed Shah and Agha Siraj Durrani.
      "All the players of PPP are out now, we will struggle together and this government will go home soon," he declared.